Shops, restaurants and nightclubs
Providers of goods and services, such as shops, restaurants and nightclubs, have a legal responsibility to make sure that everyone who uses their services is treated fairly and with respect.
How does the law protect me?
Under the Equal Opportunity Act, providers of goods and services have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible.
While a person who discriminates against or sexually harasses someone else is primarily responsible for their own behaviour, in some cases the business or service provider can also be held responsible for the actions of their staff or agents.
Services run by or for the Victorian Government have additional responsibilities under the Charter of Human Rights and Responsibilities and more information is available under the For public sector part of our website.
The law protects you from discrimination
It is against the law for someone in a shop, restaurant or nightclub to treat you unfairly because of a personal characteristic that is protected by law, such as your:
- gender identity
- sexual orientation.
In shops, restaurants and nightclubs, discrimination could include:
- a nightclub now allowing someone entry because of their race
- a shop refusing to provide someone with goods or services because of their sexual orientation or gender identity
- a restaurant not allowing a customer with an assistance dog to sit inside.
Find out more about discrimination.
The law protects you from sexual harassment
Sexual harassment is also against the law, whether it is committed by:
- managers, security staff or other staff
- other clients or customers.
Find out more about sexual harassment.
It is also against the law to victimise a person, which means treat them badly or unfairly, because they have made a complaint about discrimination, sexual harassment or vilification, or have helped someone else to make a complaint.
You can make a complaint
Get help from the Victorian Equal Opportunity and Human Rights Commission.
You can make a complaint to us if you think you have experienced:
If you wish, someone else can make a complaint for you.
Find out how the Commission helps people resolve complaints.
We can also give you information about your rights.
Are there any exceptions to the law?
There are some exceptions in the Equal Opportunity Act that mean it’s not against the law to discriminate in particular circumstances. For example, discrimination is not against the law if there is a real risk to someone’s health, safety or property.
Find out more about exceptions.
My human rights under the Charter
Every Victorian has the right to equal and effective protection against discrimination, and to enjoy their human rights without discrimination.
Victoria’s Charter of Human Rights and Responsibilities contains 20 basic rights that promote and protect the values of freedom, respect, equality, and dignity.
The Victorian Government, local councils and other public authorities must always consider these rights when they create laws, develop policies and deliver their services.
Find out more about your human rights under the Charter and what to do if you think they have been breached.